12 Fla. L. Weekly Supp. 867b
Insurance — Personal injury protection — Settlement agreement — Vacation — Insurer’s motion to set aside settlement and to strike insured’s motion for attorney’s fees and costs is granted based on finding that insured’s attorney lacked clear and unequivocal authority to execute settlement on insured’s behalf after insured terminated the representation — Insurer’s motion for attorney’s fees is granted
CLARETHA EVANS, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 8th Judicial Circuit in and for Alachua County, Civil Division. Case No. 01-2003-SC-2136, Division V. June 7, 2005. Mary Day Coker, Judge. Counsel: Bruce H. Kauffman, Law Offices of Peter A. Shapiro, P.A., Orlando, for Plaintiff. Glenn S. Banner, James C. Rinaman, III & Associates, P.A., Jacksonville, for Defendant.
ORDER DENYING PLAINTIFF’S MOTION FOR ATTORNEY’S FEES AND COSTS AND GRANTING DEFENDANT’S MOTION TO SET ASIDE AGREEMENT AND MOTION FOR ATTORNEY’S FEES
THIS CAUSE came before the Court upon Plaintiff’s “Motion for Entitlement to Attorneys’ Fees and Costs” filed April 12, 2004, Defendant’s “Motion to Set Aside Settlement and Strike Plaintiff’s Motion for Attorney’s Fees and Costs” filed August 6, 2004, and “Defendant’s Motion to Tax Costs and Attorney’s Fees” filed November 19, 2004. The Court held a hearing to address the aforementioned motions on December 8, 2004. Upon review of the pleadings and consideration of the arguments presented, this Court denies Plaintiff’s Motion for Attorneys’ Fees and grants Defendant’s Motion to Set Aside Settlement and Motion for Attorney’s Fees.
This Court first addresses Plaintiff’s motion for attorneys’ fees. The Court reviewed Plaintiff’s motion, pleadings presented at the hearing and the parties’ testimony and finds that Plaintiff’s attorney did not have clear and unequivocal authority to proceed with a settlement agreement with Defendant in April, 2004. Plaintiff’s attorney bears the burden to demonstrate that Plaintiff granted clear and unequivocal authority to authorize the settlement. See Sosnick v. McManus, 815 So.2d 759 (Fla. 4th DCA 2002); Jorgensen v. Grand Union Co., 490 So. 2d 214 (Fla. 4th DCA 1986). Plaintiff’s attorney failed to meet this burden. The record indicates that Plaintiff terminated the attorney client relationship with Plaintiff’s attorney by letter on November 14, 2003. Plaintiff’s attorney, whose representation of Plaintiff ended November 14, 2003, lacked clear and unequivocal authority to execute a settlement on Plaintiff’s behalf after Plaintiff terminated the representation.
This Court next turns to Defendant’s motion to set aside agreement and Defendant’s motion for attorney’s fees. This Court finds that the alleged settlement agreement entered into by Plaintiff’s attorney, who lacked clear and unequivocal authority to settle on Plaintiff’s behalf after Plaintiff terminated the representation, is without legal effect. Any settlement agreement allegedly reached after the termination of representation, unless subsequently ratified by the client, may be repudiated, ignored or treated as a nullity by the client on whose behalf it was executed. See Weitzman v. Bergman, 555 So. 2d 448 (Fla. 4th DCA 1990). The record clearly indicates that Plaintiff terminated Plaintiff’s attorney November 14, 2003, thereby invalidating any settlement alleged after the termination. Additionally, this Court grants Defendant’s motion for attorney’s fees pursuant to section 57.105, Florida Statutes (2004).
Accordingly, it is
ADJUDGED that Plaintiff’s Motion for Attorneys’ Fees is DENIED. Defendant’s Motion to Set Aside Settlement is GRANTED. Defendant’s Motion to Tax Costs and Attorney’s Fees is hereby GRANTED and a hearing shall be set to determine the amount of fees granted to Defendant.
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